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LAKE REGION PACKING ASS'N v. UNITED STATES

No. 11045.

146 F.2d 157 (1944)

LAKE REGION PACKING ASS'N v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1944.

Attorney(s) appearing for the Case

Counts Johnson, of Tampa, Fla., for appellant.

I. Henry Kutz and Sewall Key, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., H. S. Phillips, U. S. Atty., of Tampa, Fla., and Harry G. Taylor, Sp. Atty., Treasury Dept., of Miami, Fla., for appellee.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant, a non profit cooperative marketing corporation,1 brought this suit to recover sums collected from it as social security taxes for the years 1936 to 1939, inclusive. Its claim was that being an agricultural cooperative, which, through its employees performed for its members the labor required to cultivate, pick, haul to market, package, process, and market their fruit, it and its employees were in effect...

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